Bishundeo Yadav @ Vishnudeo Yadav @ Shiv Kumar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39997 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Bishundeo Yadav @ Vishnudeo Yadav @ Shiv Kumar Prasad Yadav Son of Late Horil Yadav, resident of Village- Jogachak, P.S. Kawakole, District Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kawakole P.S. Case No. 36 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code.

It is alleged that the petitioner assaulted the informant with Khanti on his head due to which, he sustained head injury. The injury report has been annexed as Annexure-4 to this petition wherein the doctor has found the injuries to be simple in nature. As such, from the injury report itself, it appears that there is no repetition of blow which is mentioned in the written report. There is land dispute between the parties.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date

Patna High Court Cr.Misc. No.39997 of 2017 (2) dt.30-08-2017 of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kawakole P.S. Case No. 36 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateIV, Nawada subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V./- U T